Is it correct and right time to file defamation suite?

One clarification - wife has not filled any case under 498a yet.

OK. Father spent money on the marriage and not gave dowry. He gave gifts.

What is the issue in it?

Also, fine print (498a) says that:

1) Boy's side shud have demanded that money

2) Boy's side wud have harassed the girl side for getting the money

Shonee,

I think from where your question is comming. I should also have written the statement of husband in his plaint. Husband wrote

"4. That it is being made clear that in the marriage the petitioner and his parents did not receive single penny by way of dowry."

In the response wife said that  "The para 4 is wrong and incorrect. The father of this respondent  gave handsome (huge) amount of money in cash and also in kinds to the father of petitioner and also to the petitioner as gift. So marriage was not solemnised free of cost."  

- So clearly, wife is saying that "dowry" was given      though not using the words dowry.   Having said that do you feel that this is a  case of going defamation.? As said previosly the divorce case is in issue fixation stage and there is no 498a yet.

No buddy, this is using a fair bit of imagination to file defamation.

Cases are not fought on conjentures.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee,

Either you are not getting me or I am not getting you.

First this defamation is against wife and not father in law.   Wife has clearly said that the statement " husband and his family  has not  recieved a single penny by way of dowry" is false and incorrect.

Does  not above amount to saying tat husband and his family took dowry.

Also she goes on to say that her father gave huge some... father is denying that he gave any dowry.

So how come we can say that wife has not put wrong allegation.that husband and his family has taken dowry? Is not that defamation?

dear flower,  you are not getting shonee`s point. s.court has given a decision ...........gift/money given at the time of marriage /birth of child by women father/relatives is not dowry but should be understood as gift  as common in society.you can not file defamation. your father statement (which you get by rti) is useful to you in future to save you from 498a/dv act etc

defamation cases do not stand on such trifles.

So since when wrongly blaming  taking dowry became trifle.?

I thought taking dowry is a serious crime - should not the wrong blame for taking dowry be more than serious crime?

I understand you aungish.

But what is the ground of defamation? Has his claims of giving money/ dowry been found false by any court of law?

Regards,

Shonee,

No court has yet said that  the allegtion of taking dowry is false.  As the case, as I said in my first e mail,is just issue fixation date.

I understand that one way can be that let court come at conclusion that yes that allegation was wrong.

But I don't think court giving verdict that an allegation was wrong beforehand for filling defamation is important. I think  the defamation suit filler should be able to prove in the case that the allegations were wrong.

U know, the version of opposite gang?................They wil say- the whole issue is sub-jidice, let the competent court decide who is right & who is wrong, the issue can not run in 2 courts simutaneously.

So, defamation is cold dish to serve, not hot! Wait 4 sometime

Agreed, first let the court decide on the matter.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com